Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: June 18, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Notice of Completion – Bear Valley Road Overhead Bridge at BNSF Railroad Recommendation:
That the Honorable City Council accept as complete and approved the Notice of Completion for the Bear Valley Road Overhead Bridge at BNSF Railroad project and authorized the City Manager to execute the Notice of Completion.
Fiscal Impact:
There is no fiscal impact associated with this item. Retention in the amount of five percent was withheld from each pay estimate during construction. Retention will be released after City Council approval and the recordation of the Notice of Completion. The retention account numbers, account description, and amounts withheld are shown in the table below:
Retention Account Number Account Description Amount Withheld 275-20110-60014 Federal Grant – Bear
Valley Road Bridge
$411,003.98
352-20110-60014 Road DIF – Bear Valley
Road Bridge
$188,952.78
Total: $599,956.76
Strategic Plan Goal:
This project aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by increasing the level of service to motorists and pedestrians crossing the BNSF railroad that use the Bear Valley Road Bridge.
Background:
The Bear Valley Road Overhead Bridge at BNSF Railroad project widened both sides of the bridge on Bear Valley Road over the BNSF Railroad to provide standard lane widths 3 6
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and shoulders, and to accommodate a double east-bound left turn lane from Bear Valley Road to Ridgecrest Road. A right turn lane from westbound Bear Valley Road to Ridgecrest Road has also been constructed. The road approaches to the bridge have also been widened from Industrial Boulevard to east of Ridgecrest Road. The traffic signal poles at both intersections have been replaced to accommodate the widened road. The project also included sidewalk and adequate width for future bike lanes to cross over the bridge. Please refer to Attachment A, a location map and aerial view of the Project.
On November 7, 2017, the City Council approved an Overpass Agreement with BNSF Railway Co. (BNSF). Through this agreement, BNSF permitted the construction to widen the bridge and granted easements to the City. The agreement required the City compensate BNSF for any tasks performed related to construction activities in the BNSF right of way or affecting the railroad traffic.
On June 18, 2019, the City Council approved a Project Funding Agreement with the San Bernardino County Transportation Authority (SBCTA).
On July 24, 2020, Federal Highway Bridge Program (HBP) grant funds were authorized by Caltrans Local Assistance and the Federal Highway Administration (FHWA) for construction in the amount of $5,540,111.68.
On December 15, 2020, the City Council amended a Consultant / Professional Services Provider Agreement with Dokken Engineering for design support during construction for a total amount not to exceed of $246,875. Furthermore, the City Council approved a budget amendment per Resolution 20-110 to appropriate and expense $139,448 of Road DIF funds for this service.
On May 18, 2021, the City Council approved Amendment No. 1 to the Project Funding Agreement with SBCTA, which increased both the City and SBCTA funding commitments to the project based on a higher construction cost estimate.
Furthermore, on May 18, 2021, the City Council approved a Consultant / Professional Services Agreement with Parsons Transportation Group, Inc., for the Bear Valley Road Overhead at BNSF Railroad Project construction management in an amount not to exceed of $1,613,726.04.
On June 15, 2021, the City Council approved the Fiscal Year (FY) 2021/22 Budget including the appropriation and expenditure of $5,540,112 of Federal Highway Improvement Program (HIP) grant funds, $2,284,803 Federal HPB funds, and $1,500,000 of Road DIF funds for the project.
On September 7, 2021, the City Council awarded a construction contract to Riverside Construction Company (Riverside) in the amount not to exceed of $9,818,512.60.
Construction for the project was expected to be completed in August of 2023, barring unforeseen delays.
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On June 21, 2022, the City Council approved the FY 2022/23 Budget including the appropriation and expenditure of $2,408,173 of Road DIF funds for the project.
On June 27, 2022, the Federal Highway Improvement Program (HIP) grant funds were authorized by Caltrans Local Assistance and FHWA in the amount of $2,117,110.08.
These funds were programmed in accordance with the agreement between the City and SBCTA.
On June 20, 2023, a budget amendment including the revenue and expense of $1,768,829 of Federal Bridge NHPP grant funds authorized by Caltrans Local Assistance was approved by the City Council. Additionally, Contract Change Order No. 1 authorizing payment to the contractor in the amount of $1,501,900 for project overruns caused by BNSF monitoring, inspection and delays was approved.
On October 17, 2023, Amendment No. 1 to the Consultant / Professional Services Provider Agreement with Parsons Transportation Group (Parsons) in the amount of $260,000 was approved by the City Council due to project construction overruns and delays.
On May 7, 2024, the City Council adopted Resolution No. 24-032 to amend the Fiscal Year 2023/2024 budget to reflect an additional appropriation of $828,722.24 and approved Contract Change Order No. 2, 3, & 4 for a total amount not to exceed $678,722.24 to Riverside Construction Co. and approved an agreement amendment in an amount not to exceed of $150,000 to Parsons Transportation Group for further project construction management overruns and delays.
Discussion:
The Bear Valley Road Overhead Bridge at BNSF Railroad project was substantially completed on January 17, 2024, after all construction related activities were finalized. The project was completed at a final contract price of $11,999,134.84, approximately 22% above the original contract amount. The increase in the final contract amount is attributed to project overruns and delays outside the control of the contractor and the City. The major impacts came from BNSF oversight and limitations associated with contractor submittal reviews, track monitoring availability, inspections, work window time for track closures to complete tasks and the fourth quarter shut down of all work and access to the BNSF right of way imposed upon the contractor during construction activities. These delays postponed the completion of the work approximately 5 months.
The one-year warranty on the improvements began the date the work was accepted as substantially complete. Per California Public Contract Code Section 7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.
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Staff recommends that the City Council accept as complete and approve the Notice of Completion for the Bear Valley Road Overhead Bridge at BNSF Railroad capital improvement project and authorize the City Manager to execute the Notice of Completion.
Staff is available to answer any questions the Council may have.
Attachments: A. Location Map
B. Notice of Completion